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tv   Studio B With Shepard Smith  FOX News  February 20, 2013 12:00pm-1:00pm PST

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now is always the time to go forward. and reimagine all the possibilities that lie before us. an ally for real possibilities. aarp. find tools and guidance at aarp.org/possibilities. thanks for watching, here's harris faulkner in for shep. >> thank you very much. this is "studio b." police in kansas city found human remains at the site of the
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explosion that hurt more more than a dozen people. witnesses say it felt like an earthquake. we'll talk with someone who was in the restaurant before it blew up. >> attorneys for the paraplegic track star to shot and killed allegedly his model girlfriend blasted the police for shoddy work. the latest on the case coming up. the united states set to lay out its plan to fight the growing cyberthreat from china. that's ahead unless breaking news changes everything. >> first, that huge explosion that ripped through a busy restaurant has turned deadly. officials in kansascy confirm they found a body burned beyond recognition. no word if it's the woman who went missing in the rubble they've been looking for. for now, crews say they'll continue the search just in case. the story was breaking last night on fox report. an apparent gas line engulfed the restaurant in flames.
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this is an iconic area of kansas city, a meeting place for so many. it was at the height of happy hour and shattered glass and shook buildings a mile away. a surveillance camera caught the actual explosion. look at that off to the right. an enormous fireball blowing the doors off the front of the restaurant. on the left of the screen, you can see a glass window break out. chards of glass spreading everywhere. we'll talk to the monday who owns the business where the camera was located. >> investigators zero in on a gas line as the culprit. witnesses smelled something like gas and fumes got stronger so firefighters ordered everybody out. >> it wasn't two minutes when we grabbed our stuff and the
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explosion hit like a shock wave. >> we were at our office just about to leave, the explosion shook the building, which is two blocks from here. we looked up immediately and saw the black smoke. >> it was like a big bass drum in a club. you feel it and the heat from the fire came into my car, my windows were up but i could feel the heat. >> officials report 15 people hurt, some critically. investigators now working to identify that charred body while they search the debris. time is running short. look at this weather map. a snowstorm, a very strong system, expected to move in to the city tonight. mike tobin with the news life at the scene in kansas city. now that crews have found the body, what's happening? >> i can show you as i step out of the picture, the pace of the cleanup is picking up dramatically in advance of the
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storm. the reason they can is because the priority for the morning has been taken care of, sadly. you mentioned that briefly. one waitress went missing when flames engulfed the building and they did find a body. the authorities are reluctant to say it's hers. but the crews are working to dig through charred remains and are -- and also fixing the glass broken across the street. a side-by-side before and after picture taken from the sky. the destructive power of that blast, the natural gas ignited, cars shook and windows were blown out some nine blocks away. the evacuation was under way when whatever it was that triggered the natural gas set occupy off the blast. >> crews were lining the sidewalks. i wonder about the damaged gas line. do authorities have any idea how that happened?
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>> you know, no one is doubting it was caused by a gas leak and the leak was caused by utility crews working in the area. no one is challenging that. but the question is really who is at fault. the state regulatory commission has been here. they've got investigators on the ground. they say the gas lines were properly marked and so far they've found no fault with the utility crews who are working. that said, the investigation could take six months. >> mike tobin on the scene in kansas city. it's hard to believe anyone survived that. witnesses say the strong smell let them know something was wrong and the restaurant closed the kitchen because of the fumes, something that may have saved lives. especially considering the time that this happened, right as the restaurant happy hour was in full swing. an immediate opportunity to talk with a witness, mark owns a
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travel agency across the street and was in the restaurant. thank you for joining us. glad you're okay. that strong smell of something like gas that was reported, you detected that as well? >> we were in the bar having a glass of wine, and we definitely detected the rotten egg smell like natural gas. us in the bar did not think that bad of the smell. we didn't think it was that heavy, so it was a heavy smell. harris, i want to tell you missouri gas energy came in with detectors and they were going off but they didn't tell us to leave. they casserly said pay your tab and close down were his words. so i'm shocked that they didn't have more proactive, get the heck out of dodge feeling. >> i'm sure that those questions will be asked and answered in the days to come. how many people were in that?
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was it relatively crowded? >> it wasn't too bad that night because the fire department had been called 45 minutes earlier on the gas leak. they had blocked off the street. so the cars that were normally coming in, they couldn't come in. they just went home. probably seven patrons, a friend of my and i were the last to leave there. there were people milling about. even other businesses could smell the rotten egg smell. mark, i showed people moments ago you have cameras at your travel agency there. just across the street. this will show people how close you were. you'll see to the right of the screen that flash of light just as the moment of the explosion -- first of all, what got you to walk out and how far were you when it happened? >> well, harris, we had already walked out five minutes before then. i was in my car on the way home,
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two or three minutes away. the alarm company said up multiple alarms going off and i was back there in two minutes. the fireball reached to the height of the building behind me. it was tremendous. >> i know you know the owners, jimmy and david franz. i should tell people i live a few blocks from that so i'm familiar with the area. have you talked with the owners? any idea what will happen next with the location? >> well, harris, jimmy's been around 27 years. jimmy and his brother, david, will be back. i know they will. this is an iconic location and iconic restaurant with the best wines in the world that were destroyed. >> and a huge blow economically. i'm glad you and yours are okay. thank you. thank you. the blade runner case. the defense grilled a detective who examined the home of oscar
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pistorius, who shot his model girlfriend dead. that detective initially testified witnesses heard screaming and shouting before the shotguns. during cross-examination he revealed one witness was more than a third of a mile away from the scene. so keep in mind, that so many sits in a gated community and plenty of other neighbors. reporters heard gasping from the victim's family. they looked at the floor plan of the house showing the bedroom and bathroom. pistorius revealed yesterday he thought he was shooting at an intruder but it was his girlfriend, reeva, a magazine cover girl and tv reality show star. the athlete's uncle says oscar pistorius is in shock. >> he's not a violent person. he's a peacemaker. he's always been a peacemaker. and that's his nature.
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he looks tough and he looked like the superstar and held himself in public domain. but he's actually a very, very kind, soft person. >> flip side, prosecutors say the track star committed planned murder. greg palkot is live in south africa. what else unfolded? >> amazing stuff. it started fine for the prosecution and it's case against olympic star oscar pistorius. they had the lead detective on the stand, he detailed eyewitness accounts of a fight. he detailed point blank range shots against the victim, reeva steenkamp. but then he kept getting tripped up. for example, testosterone pills found in the bedroom turned out to be herbal medicine. he had to qualify his analysis and then admit he could not rule out that pistorius's account he
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thought it was an intruder that came into the house was not correct. even the judge weighing in saying that those questions he might have had about pistorius being a flight risk, maybe he didn't have them now. first the hearing was about whether bail would be denied. also, whether that strong charge, premeditated murder, would stick. last night we thought those two were certain. tonight we're not too certain. >> big day in terms of breaks and victories in the courtroom. greg, i know you talked with one of the friends of reeva steenkamp today. >> yeah. really, that, harris, person is the missing link. reeva steenkamp is the victim of the killing last week. we met a friend of hers. he told us about the shock when he found out about the news of the loss. he said she was not just a
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pretty face. listen to what he said to us. >> what a loss. >> you could speak to her now, what would you say? >> what a good friend she was and how many people loved her. >> okay. again, the time schedule is this, harris, tomorrow we're told we're getting a closing arguments from both sides in this bail hearing. then maybe a decision on that from the judge tomorrow or friday. then, of course, then there's the real trial. that should be set to come and that could be months away. back to you. >> meantime, so many people learning about reeva from her show that debuted saturday. as we mentioned, crews are trying to finish searching the scene of the explosion in kansas before a winter storm moves in. we'll look at how it affects the
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midwest next. minutes before the state of georgia was scheduled to put a mentally challenged man to death a court spared his life. but we understand that reprieve is temporary and the state is trying to get warren hill back into the death chamber as soon as possible. the latest on this controversial case. stay close. ÷÷
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a powerful winter storm brewing in the plains and could bring blizzards and drop more than a foot of snow. the national weather put the entire state of kansas, nebraska and missouri under a warning. claudia is live with the news. when is the storm predicted to pick pick up? >> harris, the worst storm in two years is expected to arrive
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tonight packing strong winds and snowfall up to 10 inches in northern missouri, maybe between 2 and 7 inches in kansas city. that may not sound like much but freeing temperatures will turn small amounts into sleet and ice. the ice could cause problems. residents are bracing four power outages and travel delays, especially on the roads with the slick icy conditions. city crews have been pretreating streets while snow shovels and ice melt have been selling fast. everyone is keeping an eye on the weather reports. most forecast calling for the heaviest snowfall overnight and tomorrow morning, making for a nasty thursday morning commute. possibly a snow day for local school children. good news for growers struggling with a drought and who welcomeny
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precipitation. >> that's the silver lining. i had a fantasy of putting you back in the newsroom to keep you warm. you've been tracking that storm. you were in california yesterday and it was doing what you showed in the pictures. >> that's right. i'm keeping the storm company. driving back from lake tahoe where they did need snow and got it, up to 8 inches in some areas. but it was a pretty cool but completely clear on monday and then the storm moved in from alaska overnight and by midmorning yesterday, it was snowing pretty hard, making a mess of the roadways in northern california. the driving was treacherous and for some, a drive over the pass that normally takes one hour took closer to 5 thundershowers. now a -- 5 hours. >> thank you very much. meteorologist janice dean is live in the fox weather center with the forecast.
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the severe winter storms are threatening a huge amount of people. 30 million. >> yeah. 30 million people across the central u.s. of course where claudia is, i'm glad to see she's dressed appropriately. but the storm is just about to begin. the low pressure that brought the snow to sierra is pushing eastward. this is just the moisture ahead of the main event. the snow is flying in kansas city, wichita, then then a freezing rain and sleet line. south of that, mainly a chilly rain event and we could see the potential for severe weather tonight and tomorrow. let's track this storm. winter weather advisories for the four corners. parts of nebraska and kansas
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could get up to two feet of know then a potential for an ice storm unfolds across arkansas and missouri. the severe weather threat tonight for texas, tomorrow, harris, moving into louisiana, mississippi and arc is a where we could see severe weather outbreaks. multi-facetted storm. not only snow, wind and rain and tornadoes but ice as well. we'll track it. >> i've been tracking you all day and the snow totals have bumped. >> up. >> as we get closer, we'll see that, now casting. snow is one of the hardest things to forecast. so as we get into the main event, you might see the snow totals go up and some down, depending where the snow, freezing rain, sleet line is. one thing i want to mention is the ice storm across arkansas could be really dangerous, so people are advised to listen to your local fox stations. >> thank you very much. the united states is now
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convinced that there is evidence that chinese military is launching cyber attacks on american companies, trying to steal their data. how does the u.s. respond? we'll look at some of the options when we come back.
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the white house is expected to announce a plan to respond to the recent barrage of cyber attacks on the united states. according to an official familiar with the scheduled announcement. the u.s. attorney general will tell us how the administration will try to push other nations to enforce international property rights. just yesterday a u.s. based security firm traced some of the most extensive cyber attacks to
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a chinese military unit. chinese officials deny allegations they had anything to do with it. former assistant secretary of state pj crowley joins me now. good to see you. >> hello. >> we should be clear what, do these guys want? >> well, what china has done is to spy on companies and they're requiring intellectual property they turn into their economic advantage. and that distinguishes perhaps what china is doing from what, say, the spy agencies for any government, including ours, do. we spy on governments but united states does not spy on companies, china does. >> what can the federal government to protect our information from hackers in china? >> well obviously the president talked about this in his state of the union. one is to improve the security
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of our information networks because much of this intellectual property. years ago it was locked up in a safe. now it's on networks and vulnerable to attack, whether from a state, in some cases from a criminal element, in some cases from hackers. we have to improve -- the security of our cybernetworks, something all of us use and take for granted but a lot of personal information and property is resident on the networks. this is something we've understood for some time. china has until now had this position of plausible deny deny ability but as you see, that's becoming more difficult for china to do, thus it will become a greater issue in terms of u.s.-china relations. >> can the government move fast enough to deal with hackers and
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changing technology? >> it's a great question. in reality this is something where corporations themselves have to take the initiative 90, 95% of the networks are privately owned, not publicly. the government has a role to play in helping but this is much -- this is significantly about trying to protect and prevent the hemorrhage of billions and billions and billions of dollar of value leaving our commuter networks and going to other criminal networks and states. >> i'm sure a growing group of people wonder how much do you cede to the government in private companies in order for them to protect you. that's an excellent question. we hear about this being the new battlefield. is hacking ever grounds for war? >> well, the cyber is a potential battle space.
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i put it in the context of espionage. there are areas that you have to be concerned someone remotely could control a key system within our country like the electric grid and shut it off at will. that could be interpreted as an act of war. but i think in this case, it's just trying to make it much more difficult, whether it's a state, whether it's a criminal enterprise, or an arckist who is on the network creating mayhem, make it more difficult for them to operate in this domain. >> pj crowley. thank you very much. today's the deadline for lance armstrong to agree to testify about his drug use. if he doesn't do that, he'll never be allowed to race professionally again. arm lance armstrong strong's decision next. >> a court sparing a two-time killer's life in the nick of time after supporters argued
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he's mentally challenged. now the prisonnen warden is fighting back, trying to get the man back in line to the death chamber. that's coming up. [ male announcer ] how do you measure happiness? by the armful? by the barrelful? the carful? how about...by the bowlful? campbell's soups give you nutrition, energy, and can help you keep a healthy weight. campbell's. it's amazing what soup can do. starts with arthritis pain and a choice. take tylenol or take aleve, the #1 recommended pain reliever by orthopedic doctors. just two aleve can keep pain away all day. back to the news.
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just two aleve can keep pain away all day. ( bell rings ) they remwish i saw mine of my granmore often, but they live so far away. i've been thinking about moving in with my daughter and her family. it's been pretty tough since jack passed away. it's a good thing you had life insurance through the colonial penn program.
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whether you're getting new insurance or supplementing what you already have, call now and ask one of their representatives about a plan that meets your needs. so, what are you waiting for? go call now! we'll finish up here. i'm harris faulkner in for shepard smith. lance armstrong keeping his mouth shut. the u.s. anti-doping agency set today as the deadline for the meeting and his attorney
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announced he would not speak under oath about steroids and performance-enhancing drugs in cycling. officials warned it would be his only ticket back into the sport. a month ago he opened up to oprah winfrey. he said for the first time publicly he used banned drugs while earning his tour de france titles. any reason given? >> we haven't heard from lance armstrong himself today but his attorney released a statement saying lance armstrong would take part in an international tribunal but would not participate in the usada efforts to select actively conduct american prosecutions that -- the implication being cycling is largely a european, not american sport.
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travis, c.e.o. of usada released a statement in response saying. over the last few weeks, lance armstrong led us to believe he wanted to come in and assist usada but worried of potential criminal and civil liability if he did so. today we learn that mr. armstrong is choosing not to come in and be truthful and will not take the opportunity to work toward righting his wrongs in sports. they believe he's not told the whole truth. >> implied in what you're saying is the back and forth. there was an earlier deadline, so until a few hours ago we didn't know if he would talk. what the legal implications. >> i talked to judge napolitano and he said it was a reverse implication. if lance armstrong does not talk under oath, he protects himself from a charge of perjury. if he is not talking he can't
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tell a lie. but there's also an obvious sports implication here too. listen. >> that will close some doors for him which he desperately wants to open. he wants to get back into racing and because every major racing entity in the world follows the rules from this group, if he can't get through their front door, he's not getting into the races. he can't get through their door unless he testifies under oath. >> judge napolitano points out that at some point, lance armstrong will have to testify under oath in some forum because he faces a growing number of civil lawsuits. he can't dodge those forever. >> good to see you. >> good to see you. >> the former illinois democratic congressman jesse jackson jr. pleaded guilty to misusing hundreds of thousands of dollars in campaign cash and could face years in jail. the former congressman stood
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accused of spending it on a $43,000 gold rolex, fur, and cashmere capes and michael jackson's fedora. his father, reverend jackson senior, sat in the front row. outside, his attorney talked about the next steps. >> jesse needed to come to terms with his misconduct and those in court saw that he did precisely that. he had to come to terms for conduct that people who care about him find hard to understand. in the process now is explaining the conduct to the audience that counts, the sentencing judge. >> that is this june. jackson could spend 3 to 5 years in prison. >> a twice convicted killer in georgia is still alive after a last-minute ruling stopped the state from putting him to death. they had given him his last meal
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when a appeals court granted a stay. the attorneys and supporter argued he's mentally disabled. warren hill murdered two people, his girlfriend in the 80s and a fellow inmate years later who he beat to death with a board filled with nails. the three state experts who testified he was mentally fit say they were wrong about that. but warren hill is still not in the clear. the warren responsible for executing him has asked the supreme court to step in and let him put the killatory death. joining me, criminal defense attorney dan conaway live in atlanta. he's been following the case and knows the law in georgia very well. we're happy to have him. dan, what did the appeals court do? what did they see as reason to stop the execution? >> what they're looking at here
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is the specific issue concerning his mental competency and whether there's proof beyond a reasonable doubt he's mentally retarded. so they're looking at that and they're going to look at that carefully. it's interesting that the 11th 11th circuit took it up because it's known as a tough court. and at the same time, they are take the time to look at this. so it's obviously something they feel needs to be looked at before the final step. >> it's the significance, the fact they've been able to stop the process at all and that it would be that court to do this. you stay the stay will not last long, why? >> these stays normally only last 30 days. it could last longer, depending upon the amount of evidence the court of appeals looks at. we have the georgia court of appeals and the federal court looking at it as well. ultimately there may be
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consolidation as far as issues and what court looks at what. ultimately, they're going to have to review everything. there's evidence to support the argument that defense cannot show beyond a reasonable doubt this individual was mentally retarded. >> how likely is it, dan, that the supreme court would listen to the warden's request to step? >> they've already come down on not accepting it once. depending what the 11th 11th circuit find, they may come in again. it's settled ground, the cases were hotly argued in the 1980's and '90s and in 2002, the court said mentally retarded individuals cannot be executed. but they left a legal standard for making the decisions up to the states. in georgia, the jury decides
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whether a person should be put to death. they have a separate trial, the death penalty phase, where a jury of the defendant's peers decides whether they receive life or declared mentally retarded or receive the death sentence. when looking at this, they're looking at it through the prism of what a jury of the defendant's peers already decided. it's a tough standard for the appellant to meet. >> right. mentally challenged, warren hill. we'll see how long the stay lasts. we'll continue to follow the case. thank you for joining us. >> my pleas. >> nearly nine years after kathleen savio died, a judge is set to sentence drew peterson for her murder. first he has to decide if he deserves a new trial. wife die.there's nng lik details next. lobster tacos.
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sentencing for the ex police officer who keeps losing his wives could start at any moment. in september a jury convicted drew peterson of murdering his third wife, kathleen savio, the former police sergeant is suspected in the disappearance of his fourth wife, stacy peterson. he faces up to 60 years in prison and his attorneys are arguing his previous attorney botched the case. if the judge rejects that notion, drew peterson's sentencing could start at any moment. steve, today a member of the defense team grilled a member of the defense team. that was odd. >> very odd. but it was what they were willing to do apparently to get drew peterson is new trial, at least appeal for one. former lead defense council was in the stand, questioned by
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steven greenburg, former fellow co counsel on issues regarding the witnesses he called and a pr firm hired suggesting broadski was interested in grandstanding. a spokesperson for stacy peterson's family said she thought it was funny because in her view, grandstanding is what the entire peterson legal team was doing. >> he did all those press conferences, it wasn't just broadski, they had sunglasses, speak in front of the media every day. there was a team there. >> yes, months ago this was the team rayban at the news conference in the late days of the drew peterson trial, just a week before the guilty verdict which could send drew peterson away for the rest of his life.
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>> just got more interesting today because the peterson defense team also tried calling the prosecutor to the stand. >> a kitchen sink attempt to get a new trial. the judge just denied that attempt to put james glasgow in the witness stand to answer questions about the aspects of the trial. the judge said no. we expect to hear the judge's ruling on this new trial motion by the defense team, which is not expected to go over, then the sentencing phase of the day is expected to begin later in the afternoon with drew peterson himself expected to speak. we asked about any taped or written remarks he may have gotten down on paper to help him through that and we were told those would not be available. drew peterson apparently will speak before he's sentenced. >> this will tick along quickly. steve brown, we may check back,. in syria, a mortar attack
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kills a professional soccer player and injurying several others. it exploded near a stadium and killed a 19-year-old player. this a day after another pair of mortar strikes hit one of bashar al-assad pals palaces, the war is threatening to consume the capital city. the woman accused of killing her ex-boyfriend in arizona spent more than a week on the stand without getting to the moments of actually when he died. today for the first time, jodi arias explains what happened in the home that day which motivated her to grab a gun.
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the arizona woman accused of stabbing her ex-boyfriend 27 times and slitting his throat testified about the dramatic moments that led to his death. jodi arias said she was taking photos of her ex in his shower including this picture that you see here. when she dropped the camera, then he got aggressive. >> he stood up and stepped out of the shower and he picked me up. i was crouching but he lift me up. as he was screaming i was a stupid idiot and bod slammed me on the tile. >> she said she ran from the room and the boyfriend chased her. she said she knew he kept a gun on the top shelf of the closet so she grabbed it. >> i ran out of the closet. he was chasing me. i turned around, we were in the middle of the bathroom. i pointed at him with both hands.
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i thought that would stop him. i would stop. but he kept running like a linebacker, got low and grabbed my waist and the gun went off. i didn't mean to shoot him. i didn't think i was holding the trigger, i was just pointing it at him. i didn't know i shot him. >> she said they both fell to the ground and he threatened to kill her. after that, jodi arias said her memory got hazy. on the stand she told jurors she cannot remember stabbing her boyfriend or taking a knife to his throat. with me, former federal prosecutor and defense attorney douglas burns. you've played every round. if you don't remember doing something, is it a defense? >> it is on some level, lack of intent. but the fact of the matter is, somebody just told me that they
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should have raised temporary insanity. >> i heard her say i didn't mean to shoot him then i heard her say i don't remember shooting him. >> it's a total inconsistency. she remembered shooting him but blacked out in terms of stabbing him. i may be wrong. >> we could watch it again. >> but here's the thing. it sounds like a cliche but only two people knew what happened. the deseton -- decedent and her. having said that, they say the necessity is the mother of invention. wrong, testifying in your defense at a murder trial is the mother of invention and she's coming with up with the only theory that could work f she was presented with deadly force she was justified, even if she
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stabbed him 200 times. that's the theory. >> the prosecution has to prove premeditation. how difficult is that? >> it is. in law school they teach premeditation can be formed in an ininstant. people think you have to plan it out in advance. the reality is here this was an emotional crime. 27 stabs. so the point is it's inconsistent with a planned out premeditated killing. >> you started here with someone else sharing their theory about -- >> yeah, yeah. >> well, yeah, the point is that there have been critics who said why didn't they try this as a heat of passion, the old example i saw my spouse in bed with someone else and went crazy. next, your question, what about temporary insanity. i was trying to reconcile with him and he rejected my advances and i lost it. i don't remember anything. that's more consistent to fill it out with some type of
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temporary insanity but they didn't raise it. >> if found convicted of first-degree murder she faces the death penalty. while that made out was your reaction to the sound bite when she described him lunging at her like a linebacker, why did you wins? >> we don't know how that hits the jurors. here's a dim in-- anyone active woman and he's larger and stronger and he testified that he came at her like a linebacker. >> we don't have a methodology for knowing when a person is telling the truth. you tell me. >> your theory? >> my theory is she came in with no intent to do him harm, then got so angry she flew in into a blind rage, an emotional heat of passion type crime. >> douglas burns working out his theory and others. we don't know and won't know but we'll see what the jury does.
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>> thank you. >> last year the u.s. postal service had a $16 billion shortfall. apparently it's found a way to make up the difference. i don't know. they're thinking about selling throat clothe to go help the bottom line.
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